Broward promotes twins who opted out of state test

Maria Lorenzino / Sun Sentinel

Brandy Paternoster (left), works with her daughter Jadyn (middle), 9, on cursive worksheets in their Pembroke Pines home on Thursday, Sept.22, 2016. She withdrew her children from Broward schools after Jadyn and her twin brother Dylan (right) were held back in third grade for opting out of the state test. She is now homeschooling them. (Maria Lorenzino/Sun Sentinel)

Brandy Paternoster (left), works with her daughter Jadyn (middle), 9, on cursive worksheets in their Pembroke Pines home on Thursday, Sept.22, 2016. She withdrew her children from Broward schools after Jadyn and her twin brother Dylan (right) were held back in third grade for opting out of the state test. She is now homeschooling them. (Maria Lorenzino/Sun Sentinel)

It took a legal battle but twins Dylan and Jadyn Paternoster on Monday returned to Manatee Bay Elementary as fourth-graders despite the principal's objections.

The twins last year opted out of state standardized testing. When told they would be held back, Brandy Pasternoster homeschooled her 9-year-old children and took the district to court.

"We won, we won this battle," said Brandy Paternoster, who joined parents from five other counties in a lawsuit against the state and their school districts. "This has been a confusing time for them, watching their classmates and friends continue to the fourth grade without them. But they are brave and showed a resiliency that I am extremely proud of."

It's unclear how the children's promotion will affect the lawsuit, which also involves the Orange, Osceola, Hernando, Pasco and Seminole county school districts. Broward school officials declined to answer questions about the case.

The standardized tests play a major role in teacher evaluations and merit pay and are used to grade schools, which can affect property values and industry recruitment.

"I'm not opposed to all testing. I'm opposed to testing that grades our teachers and does nothing to benefit children," Paternoster said.

State law requires third graders to pass the test in order to be promoted. Students who don't receive a passing score can move up if they show reading proficiency in other ways, such as a portfolio, an alternate test or completing a summer program.

Although Broward offers alternatives for students, the case involving Paternoster's kids was mishandled, a judge said.

Schools are required to send a notice to parents in March if a child is deficient but the school failed to do that, Leon County Judge Karen Gievers wrote in late August. The school waited until the day before school ended, giving the students inadequate time to correct any deficiencies, the judge said.

"The twins have clearly been harmed by the School Board's unlawful conduct," Gievers wrote.

However, the judge didn't order the kids to be promoted to fourth grade because the Manatee Bay principal signed an affidavit saying she didn't feel they were academically ready. Paternoster said her kids were getting mostly A's and Bs, with one of them on the honor roll.

Broward Teacher's Union President Anna Fusco said she was elated to hear about the ruling, but angry the state is appealing it.

"This is a mother who fought for her children and who wants to let other parents know our kids don't have to take the test and can move to the next grade level," Fusco said. "Why is the school system using taxpayer dollars to fight these kids from going to fourth grade? It just doesn't make sense."

Although the opt out movement has received a lot of attention in recent months, it's actually rarely used by parents in Broward County, said Dan Gohl, chief academic officer. He said only 42 out of nearly 21,000 third graders didn't take the high-stakes Florida Standards Assessment last spring.

"I do not see a large number of students who are refusing to take the test," he said. "I do hear the community's concern that they do not like the fact that the state has this process in place, but that's outside of what Broward County Schools can control."

The mom said it was tough to keep her children out of school, but she felt it was necessary.

"I want parents to remember they have a voice," Paternoster said. "I hear from parents who say this testing is God awful. Everyone feels we have to be stuck with it. But if something isn't right, we need to stand together. If things need to change, we have the ability to make that happen."

Some school boards have vocally opposed state testing, including Lee County, which unsuccessfully tried to opt the whole district out of Florida Standards Assessment, and Palm Beach County, which has been lobbying the Legislature to lower the stakes of the test.

Keith Oswald, chief academic officer for Palm Beach County schools, say officials have been working with parents who opt out to ensure kids can get promoted through other means.

"We try to get parents to understand that this is statute and we don't have any other options," Oswald said. "We don't want children to become the victims."